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If I file a preference petition for a relative who is subject to the quota, can they stay in the U.S. until they immigrate?

April 26, 2017file immigrate petition quota relative stay Subject

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If I file a preference petition for a relative who is subject to the quota, can they stay in the U.S. until they immigrate?

1 Answer

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10 Posted

No, they cannot. Even the approval of a preference petition does not act as permission to remain in the U.S. This process is entirely independent of a person’s nonimmigrant visa status and they must maintain their nonimmigrant visa status or risk deportation.